Hi Alberto. You know, I did think about Betsy's presence as well as her undue influence over Craig. I decided not to go down that route, because there were other issues I wanted to focus on. I think it's a bit complicated with the marital relationship (as opposed to other family members). There is a marital privilege, so I wonder how her presence affects the atty-client privilege - I'm not sure the law is clear on this. Or perhaps they are joint clients of the firm, so their joint communications with the firm are protected. But that raises the issue as to whether the Kettlemans were advised of any conflict issues between them and signed a conflict waiver. In my post, I do say that the plea decision is Craig's (under Rule 1.2), but as a married couple, any decision he makes will affect her and the whole family. So, it does make sense - from a practical perspective - that she's involved. He is going to discuss those issues with her anyway, whether in or out of the presence of the lawyer. And, in the end, he finally stands up to her when it becomes clear that taking the deal is the best thing for the children.

Warning: Spoiler Alert! In my previous posts, I discussed the ethical issues in Episodes 1 through 6 of Better Call Saul. For this discussion, familiarity with the plot of Episode 7 is assumed, but here is the official recap just in case. You can read all my posts about the ethics of Saul Good...

Warning: Spoiler Alert! In previous posts, I discussed ethical issues that arise in Episodes 1 and 2 and Episode 3 of Better Call Saul, the spin-off and prequel to Breaking Bad, starring Bob Odenkirk as Saul Goodman. Familiarity with the plot of Episode 4 is assumed, but here is the official r...

Alberto - the phone call to the Kettlemans takes place in Episode 3, I think. So I will get to that in my next installment.
Andrew - Certainly future installments will deal a lot with advertising and solicitation rules. Interesting point about NM's disclosure rule. Rule 16-106(B) states: "To prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm, a lawyer should reveal such information to the extent the lawyer reasonably believes necessary." However, if Nacho's plan is only to steal the money, then arguable it falls under Rule 16-106(C), which permits (but does not require) the lawyer to reveal information to "prevent the client from committing a criminal act that the lawyer believes is likely to result in substantial injury to the financial interest or property of another."

Warning: Spoilers Ahead! After six episodes, I’m already a big fan of Better Call Saul, the spin-off and prequel to Breaking Bad, which follows the trials and tribulations of Saul Goodman, an ethically challenged lawyer played by Bob Odenkirk. I was skeptical about whether Breaking Bad’s creato...

A few people have suggested that I post about the TV ad that lawyer Jamie Casino ran during the Superbowl, complete with a shiny sledge hammer named after his late brother. (As I understand it, it was a regional ad during a Superbowl time slot reserved for such ads.) I have a guilty pleasure in ...

From the Opinion: Glass's misconduct was also reprehensible because it took place while he was pursuing a law degree and license to practice law, when the importance of honesty should have gained new meaning and significance for him. (emphasis added). Slightly off-topic question: At what poi...

I hear you Monroe. Dadaism rejects patterns and themes, but is still considered great art by many. I think there is a point where the analogy to art and music breaks down. With persuasive legal writing, structure and logic are still critical.

... or from Bach, Dvorak, Mozart, or Vivaldi? And so on. But let's say Rachmaninoff because as I type this I'm listening to his Concert No. 2 in C for Piano and Orchestra, music so beautiful it can immobolize you. (Thank you Spotify.) One moment, here comes an especially beautiful movement. OK....

This was a topic of discussion at one of the APRL meetings last year. I don't think all law schools are as diligent at explaining this concept to new law students as yours is. Also, I think it is a message that needs to be stated more than once.

From the Opinion: Glass's misconduct was also reprehensible because it took place while he was pursuing a law degree and license to practice law, when the importance of honesty should have gained new meaning and significance for him. (emphasis added). Slightly off-topic question: At what poi...

One thing I see in good legal writing (and which is often missing in bad legal writing) is the recurring theme. Good legal briefs, like great musical compositions, have a strong overarching theme that repeats throughout. By the end, the theme becomes so familiar that the listener not only recognizes it but looks forward to hearing it. Having a good theme creates an emotional connection that transcends logic.

... or from Bach, Dvorak, Mozart, or Vivaldi? And so on. But let's say Rachmaninoff because as I type this I'm listening to his Concert No. 2 in C for Piano and Orchestra, music so beautiful it can immobolize you. (Thank you Spotify.) One moment, here comes an especially beautiful movement. OK....

Hi. Thanks for your comment. I believe there are ways to structure these types of services in the non-profit context. I hope it is clear that the opinion involves a for-profit business enterprise. Also the opinion is (I hope) clear that filling out forms is not necessarily practicing law.
But I believe the broader point - that some of these ethics rules can hamper the ability to provide low-cost services - is a valid criticism.

The Professional Ethics Committee of the NY City Bar Association has issued a new opinion concerning the ethical issues a lawyer must consider before entering into a business relationship with a non-legal organization.* The following is from the NY City Bar's press release discussing the opinio...

I second Richard's suggestion of copying your comment before you hit post. This avoids the problem where brilliant observations such as the one Steve undoubtedly created are lost forever (to our collective detriment). In fact, this experience is a perfect example of how a little technical savvy can counteract the risks of dealing with imperfect technologies ...

I’ve been struck by the increasing number of authorities emphasizing the importance of lawyers’ technological competence. In my view, the takeaway lesson is that lawyers and law schools ignore changes in this area at their peril. As many readers know, the ABA Commission on Ethics 20/20 proposed...

Andrew Perlman and I must have drunk the same spiked coffee this morning. In his post, below, he discusses the growing focus of disciplinary authorities on technological competence. This is one of the six legal ethics developments that my firm wrote about our 2013 ethics roundup. Andrew...

Yes, Richard. I always discuss try to discuss Lester. In fact, I spoke about Lester at a CLE I did in Florida for employees of the Southern Poverty Law Center last fall. One of the attendees contributed some interesting additional information. The attorney in that case, Matthew Murray, was well respected in Virginia and a strong financial supporter of legal services. So when he resigned from his firm and then agreed to a five year suspension, it was also a major loss to the legal services community. So, sometimes the effects are even more far-reaching than you realize.

Andrew Perlman and I must have drunk the same spiked coffee this morning. In his post, below, he discusses the growing focus of disciplinary authorities on technological competence. This is one of the six legal ethics developments that my firm wrote about our 2013 ethics roundup. Andrew...

Well, since you mention it, Rich Maltz and I are doing a program at the NY City Bar on Jan 14 at 9:30 am about the broader technology issues. Katie Lachter and Raymond Vallejo are also on the panel. Here is a link to the brochure. But don't buy yet! If you mention my name when you register, you can get a 15% discount.
https://www.nycbar.org/CLE/pdf/01_14/edu/Ethics%20and%20Social%20Media%20-%20011414.pdf

Andrew Perlman and I must have drunk the same spiked coffee this morning. In his post, below, he discusses the growing focus of disciplinary authorities on technological competence. This is one of the six legal ethics developments that my firm wrote about our 2013 ethics roundup. Andrew...

This is our 10th annual list of top ethics stories. Time flies. Here are the Top Ten Lists for 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, and 2012. In Memoriam If you are aware of anyone in our field who passed away this year, please let us know in the comments. In alphabetical order: Leona...

The Professional Responsibility Group at my firm, Frankfurt Kurnit, periodically distributes ethics alerts by e-mail to lawyers in the New York area. In our final ethics alert of the year, we recapped six trends we have observed over the past year in our ethics practice and our work on various ...

Dan - thanks for being honest! I agree that NY state practice can be pretty scrappy. But I can't imagine you would be terribly rude.
Monroe - I am also concerned about sanctions for incivility, because they can be arbitrary. Frankly, I would like to see more enforcement of discovery abuse sanctions. That would solve much of the problem.
Richard - thanks! I will check out that book.

When I was a third year lawyer, I was an associate on the plaintiff's side of legal malpractice case. In some ways, legal mal cases can be the most contentious. Nothing is more offensive to a lawyer than being accused of malpractice or unethical behavior. This seems to be especially true for ...

In a nutshell, the respondent was an Illinois public defender with a client who was facing drug charges. The prosecutor in the case turned over a range of materials to the public defender, including a video supposedly depicting the client's role in a drug transaction. The lawyer thought it wou...

Judge Colleen McMahon (SDNY) has ordered Boies Schiller (“BSF”) to pay the legal fees of a former client (“Host”) that it sued. She held that the law firm had failed to detect a disqualifying conflict, causing Host to incur fees to prepare a disqualification motion. The firm withdrew before the ...

This opinion should be required reading for every conflicts course (not to mention for every law firm's general counsel). If it is correct (and I understand BSF believes there should have been an evidentiary hearing, which suggests that the firm may argue on appeal that the facts are misstated or incomplete) it is a textbook example of how not to analyze a former client conflict. Also the discussion of the sanctions and who should bear the cost of a DQ motion is an important and often overlooked issue in conflicts.

Judge Colleen McMahon (SDNY) has ordered Boies Schiller (“BSF”) to pay the legal fees of a former client (“Host”) that it sued. She held that the law firm had failed to detect a disqualifying conflict, causing Host to incur fees to prepare a disqualification motion. The firm withdrew before the ...

I love this post. You are totally Milton Waddams right now! But I am not sure about the bookweight. This seems a bit antiquated. There's many a time when I've said "where is the darn mid-sized stapler? Has someone taken it again?" But I've never said this about a bookweight. Can you make a case for it?

I'm in a great mood because my mid-sized stapler, recently lost, has been returned to me. At the risk of sounding like Milton Waddams, I must confess my firm belief that the mid-sized stapler that handles 15-40 page jobs is a vital part of being a lawyer. (Big, swing-arm staplers are overkill fo...

Good social media marketing is based primarily on providing good content - disseminating useful, substantive information in a way that will reach one's potential client base. Arguably, it encourages choice of counsel for better reasons than "I know this guy from my golf club" or "we went to Harvard together 30 years ago." Even when a potential client learns of lawyer through "word of mouth" they are likely to go online and check the lawyer out. If the lawyer has a strong, substantive presence on social media, that can provide invaluable support for the original recommendation. I would not assume that social media has a predominant effect on unsophisticated clients.

About five or six years ago, I was talking to a friend, managing partner at a major US firm, about how the profession was fragmenting. He said (paraphrasing) that even in Biglaw much work was closer to commodity work than firms let on, by which he meant work requiring discretion but not brilianc...

News from the Electronic Frontier Foundation. The situation with the ABA Model Rules may be different, because as I understand it the fire codes are automatically adopted as a whole by the various states. (Disclaimer: I have lots of ties with the lawyers on the EFF side.) From time to time, we a...

Model Rule 5.4(a) prohibits lawyers from sharing fees with non-lawyers. Rule 1.5(e), on the other hand, permits a lawyer to share fees with a lawyer in another firm - as long as they fulfill certain criteria. Ethics opinions have long held that fee-sharing is permitted between lawyers in diffe...